11/05/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Court grants foreclosure order under condominium liens
The condominium corporation had liens against a number of parking units. The condominium corporation applied for a foreclosure order under the liens. The owner did not oppose the application. The Court granted the requested (uncontested) foreclosure order. However, the Court expressed some doubt about whether or not foreclosure would be available in a contested matter. The Court said:
I choose to leave for a further case, to be argued with a respondent before the court, the fine legal question of whether, properly interpreted, subsection 85 (6) encompasses the right of foreclosure.